La. Admin. Code tit. 46, § XLV-4005 - Continuing Medical Educational Requirement for Controlled Dangerous Substances
A. CME
Requirement for Authorized Prescribers of CDS. Notwithstanding any other
provision of this Part, every authorized prescriber seeking the renewal of a
license for the first time on and after January 1, 2019, shall, as part of the
CME required by this Part, and as a condition prerequisite to licensure
renewal, successfully complete three hours of CME approved by the board on CDS
prescribing practices (the CME requirement). Such CME shall include instruction
relating to drug diversion training, best practices regarding prescribing of
CDS, appropriate treatment for addiction and, for physicians, the treatment of
chronic pain. The CME requirement may be satisfied by completing a three-hour
CME program, three one-hour CME programs, or any other combination of CME
programs totaling three-hours.
B.
Approved/Qualifying Continuing Medical Education Programs. Any:
1. category 1 CME program sponsored or
offered by an organization or entity approved under
Sections
437 D or 3955 of this Part to
sponsor or offer CME for purposes of license renewal of physicians,
podiatrists, physician assistants, or medical psychologist, respectively, shall
be deemed approved for purposes of satisfying the CME requirement provided:
a. the board or its designee determines the
CME program adequately addresses the areas of required instruction set forth in
Section
4005 A; and
b. such organization or entity is capable of
submitting proof of an attendees completion of the CME activity electronically
to the board;
2. CME
program developed by the board, whether category 1 or otherwise, shall be
deemed approved for purposes of satisfying the CME requirement;
3. information on how to access approved,
qualifying CME will be maintained by the board and made available on its
website www.lsbme.la.gov.
C. CME Credit. An authorized
prescriber required to complete the CME requirement shall receive an
hour-for-hour credit towards the annual requirement for CME provided in this
Part for license renewal.
D.
Documentation:
1. authorized prescribers
shall request the organization or entity sponsoring or offering the CME to
submit proof of completion of the CME activity electronically to the board in a
form and manner specified by the board;
2. an authorized prescriber shall maintain a
record of completion of the CME activity for four years. Satisfactory evidence
shall consist of a certificate or other documentation which shall, at a
minimum, contain the:
a. program
title(s);
b. sponsor(s)
name;
c. attendees name;
d. inclusive date or dates and location of
the CME event; and
e. documented
verification of successful completion of the CME activity by stamp, signature,
official or other proof acceptable to the board;
3. if more than one CME activity is taken to
meet the CME requirement a record of completion of each activity shall be
maintained;
4. CME which is not
approved by the board shall not satisfy the CME requirement.
E. Non-Compliance; Reinstatement
of Licensure.
1. With the exception of a
license issued pursuant to
R.S.
37:1310.1, the requirements of
§4005 A-D
shall be a condition prerequisite to the prescriber's license being renewed for
the first time in the state of Louisiana;
a.
A license which has not been renewed for failure to satisfy the CME requirement
may be reinstated upon application to the board, accompanied by payment of the
renewal fee required by Subpart 1 of these rules, in addition to all other
applicable fees and costs, together with confirmation of completion of the CME
required by this Section.
b. The
license of a prescriber which has expired for nonrenewal, was deemed ineligible
or has been revoked under section E.1., for failure to satisfy the CME
requirements of
§4005.A of these rules,
may be reinstated pursuant to
§419 upon
written application to the board, accompanied by payment of the reinstatement
fee required by §419, in addition to all other applicable fees and costs,
together with satisfactory evidence of completion of the requirements of
§4005.A
c. With regard to the license of a physician
which has expired for nonrenewal, is deemed ineligible or has been revoked
under section E.1., on more than one occasion for failure to satisfy the CME
requirements of
§4005 A, such
violation and/or failure shall be deemed unprofessional conduct and conduct in
contravention of the board's rules, in violation of
R.S.
37:1285(A)(13) and (30),
respectively, as well as violation of any other applicable provision of
R.S.
37:1285(A), providing cause
for the board to suspend, revoke, refuse to issue or impose probationary or any
other restrictions on any license held or applied for by a physician culpable
of such violation.
2.
With regard to licenses issued pursuant to La.
R.S.
37:1310.1, the requirement of
§4005.A must be
fulfilled, at the latest, within 90 days of the person's license being renewed
for the first time in the state of Louisiana.
a. Such licensee who fails to evidence
satisfaction of the continuing medical education requirements prescribed by the
rules in Subpart 2, shall be given written notice of such failure by the board
immediately after renewal. Such notice shall be mailed to the most recent
address of the licensee as reflected in the official records of the board and
the licensee will have 90 days within which to furnish satisfactory evidence by
affidavit that he has satisfied the applicable continuing medical education
requirement.
b. If, after the lapse
of 90 days from notification as outlined in subsection a., the licensee still
fails to comply with the provisions of
§4005 A, as
verified using the board's electronic education tracker, then the board shall
refer the licensee to the Department of Investigations so that it may, via
informal, non-disciplinary communications and/or meetings, notify the licensee
of the relevant statutory and/or regulatory requirements and confirm the
licensee's intention to immediately comply with subsection a.
c. With regard to a licensee, who has already
received a warning via subsection b, thereafter fails by the next renewal to
satisfy all of the CME requirements of
§435 and/or
§449 for the
licensee's years of licensure, then such violation and/or failure shall be
deemed unprofessional conduct and conduct in contravention of the board's
rules, in violation of
R.S.
37:1285(A)(13) and (30),
respectively, as well as violation of any other applicable provision of
R.S.
37:1285(A), providing cause
for the board to suspend, revoke, refuse to issue or impose probationary or any
other restrictions on any license held or applied for by a physician culpable
of such violation.
F. Exception. An
authorized prescriber renewing his/her license for the first time on and after
January 1, 2019, may be excused from the CME requirement upon the submission of
certification, in a form and manner specified by the board, attesting that
he/she has not prescribed, administered or dispensed any CDS during the entire
year covered by the authorized prescribers expiring license. The certification
shall be verified by the board through the Louisiana Prescription Monitoring
Program Act,
R.S.
40:1001 et seq. An exempted individual who
subsequently prescribes, administers or dispenses a CDS shall satisfy the CME
requirement as a condition to license renewal for the year immediately
following that in which the CDS was prescribed, administered or
dispensed.
G. Conflict. In the
event of a conflict between the provisions of this Section concerning the
one-time CME requirement for CDS, and those of any other Section in this Part,
the provisions of this Section shall govern.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
A. CME Requirement for Authorized Prescribers of CDS . Notwithstanding any other provision of this Part, every authorized prescriber seeking the renewal of a license for the first time on and after January 1, 2019, shall, as part of the CME required by this Part, and as a condition prerequisite to licensure renewal, successfully complete three hours of CME approved by the board on CDS prescribing practices (the CME requirement). Such CME shall include instruction relating to drug diversion training , best practices regarding prescribing of CDS , appropriate treatment for addiction and, for physicians, the treatment of chronic pain. The CME requirement may be satisfied by completing a three-hour CME program , three one-hour CME programs, or any other combination of CME programs totaling three-hours.
B. Approved/Qualifying Continuing Medical Education Programs. Any:
1. category 1 CME program sponsored or offered by an organization or entity approved under Sections 437 D or 3955 of this Part to sponsor or offer CME for purposes of license renewal of physicians, podiatrists, physician assistants, or medical psychologist, respectively, shall be deemed approved for purposes of satisfying the CME requirement provided:
a. the board or its designee determines the CME program adequately addresses the areas of required instruction set forth in Section 4005 A; and
b. such organization or entity is capable of submitting proof of an attendees completion of the CME activity electronically to the board ;
2. CME program developed by the board , whether category 1 or otherwise, shall be deemed approved for purposes of satisfying the CME requirement;
3. information on how to access approved, qualifying CME will be maintained by the board and made available on its website www.lsbme.la.gov.
C. CME Credit. An authorized prescriber required to complete the CME requirement shall receive an hour-for-hour credit towards the annual requirement for CME provided in this Part for license renewal.
D. Documentation:
1. authorized prescribers shall request the organization or entity sponsoring or offering the CME to submit proof of completion of the CME activity electronically to the board in a form and manner specified by the board ;
2. an authorized prescriber shall maintain a record of completion of the CME activity for four years. Satisfactory evidence shall consist of a certificate or other documentation which shall, at a minimum, contain the:
a. program title(s);
b. sponsor(s) name;
c. attendees name;
d. inclusive date or dates and location of the CME event; and
e. documented verification of successful completion of the CME activity by stamp, signature, official or other proof acceptable to the board ;
3. if more than one CME activity is taken to meet the CME requirement a record of completion of each activity shall be maintained;
4. CME which is not approved by the board shall not satisfy the CME requirement.
E. Non-Compliance; Reinstatement of Licensure. The license of an authorized prescriber :
1. who fails to comply with the CME requirement shall not be renewed by the board ;
2. which has not been renewed for failure to satisfy the CME requirement may be reinstated upon application to the board , accompanied by payment of the renewal fee required by Subpart 1 of these rules, in addition to all other applicable fees and costs, together with confirmation of completion of the CME required by this Section.
F. Exception. An authorized prescriber renewing his/her license for the first time on and after January 1, 2019, may be excused from the CME requirement upon the submission of certification , in a form and manner specified by the board , attesting that he/she has not prescribed, administered or dispensed any CDS during the entire year covered by the authorized prescribers expiring license . The certification shall be verified by the board through the Louisiana Prescription Monitoring Program Act , R.S. 40:1001 et seq. An exempted individual who subsequently prescribes, administers or dispenses a CDS shall satisfy the CME requirement as a condition to license renewal for the year immediately following that in which the CDS was prescribed, administered or dispensed.
G. Conflict. In the event of a conflict between the provisions of this Section concerning the one-time CME requirement for CDS , and those of any other Section in this Part, the provisions of this Section shall govern.